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(영문) 광주지방법원 순천지원 2013.09.25 2013고정613
의료법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No person who is not a Marine shall establish a massage place, and the Marine shall obtain a certification of qualification for a woman market for visually impaired persons.

Nevertheless, from September 14, 2012 to May 15, 2013, the Defendant, without qualification, opened a massage place in the trade name of “C” with seven rooms (three rooms for one person, two rooms for two persons, three rooms for three persons), one community shower room for men and women, one waiting room for men and women, and other facilities. D from October 201 to May 15, 2013, from around April 2013 to around May 15, 2013, from around 2013 to around 15, 2013, the Defendant employed “C” as an employee, thereby having many and unspecified customers become disqualified.

As a result, the defendant established a massage place without qualification as a massage, and D, E, and F, an employee of the defendant, performed a disqualified massage for the purpose of profit-making by the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against D, E, or F;

1. Reporting on detection of any business establishment violating the Medical Service Act;

1. Application of statutes on site photographs;

1. Relevant Article of the Act on Criminal Facts, Articles 87(1)2, 82(3), 33(2) of the Medical Service Act (the establishment of an office without qualification and the election of fines), Articles 91, 88, and 82(1) of the Medical Service Act (the occupation of an employee’s act of unfair qualification for profit-making purposes), and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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